Terms and Conditions
General Terms and Conditions of the Company
MISURA Store s.r.o.
Registered office: K poště 429/2, 252 67 Tuchoměřice, Company ID: 264 03 714, VAT ID: CZ 264 03 714, registered in the Commercial Register maintained by the Municipal Court in Prague under file number C 256507
for the sale of goods through an online store located at the website address.
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of MISURA Store, s.r.o., with its registered office at K Poště 429/2, 252 67 Tuchoměřice, Company ID: 26403714, VAT ID: CZ26403714 (hereinafter referred to as the “Seller”), govern in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website at www.misura.shop and its language versions for other EU countries (hereinafter referred to as the “Website”) via the interface of the website (hereinafter referred to as the “Web Interface of the Store”).
1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or within the scope of their independent profession when ordering goods.
1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Such deviating provisions take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Contract.
1.5. The wording of the Terms and Conditions may be unilaterally amended or supplemented by the Seller. This does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration on the Website, the Buyer can access their user interface. From the user interface (hereinafter referred to as the “User Account”), the Buyer can order goods. The Buyer can also order goods without registration, directly through the Web Interface of the Store.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the User Account in case of any change. The data provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the access credentials and ensure that they are not disclosed to third parties.
2.4. The Buyer is not entitled to allow third parties to use their User Account.
2.5. The Seller is entitled to cancel the User Account, especially if the Buyer does not use the account for more than 5 years or if the Buyer violates their obligations under the Purchase Contract or these Terms and Conditions.
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of the Seller’s or third parties’ hardware and software.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentations of goods in the Web Interface of the Store are for informational purposes only, and the Seller is not obliged to conclude a Purchase Contract regarding such goods. Section 1732 paragraph 2 of the Civil Code shall not apply.
3.2. The Web Interface of the Store contains information about the goods, including prices of individual items and any costs associated with returning the goods if they cannot, due to their nature, be returned by usual postal methods. The prices of goods are stated including value-added tax and all related charges. The prices remain valid for as long as they are displayed in the Web Interface of the Store. This provision does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed conditions.
3.3. The Web Interface of the Store also includes information about costs associated with packaging and delivery of goods.
3.4. To order goods, the Buyer fills out an order form in the Web Interface of the Store, which includes in particular:
3.4.1. Information about the ordered goods (the Buyer “adds” the goods to the electronic shopping cart),
3.4.2. Method of payment of the purchase price and the required method of delivery,
3.4.3. Information about the costs associated with delivery.
(All of these items hereinafter collectively referred to as the “Order”).
3.5. Before submitting the Order, the Buyer is allowed to check and change the data entered in the Order, including the possibility to detect and correct errors. The Buyer submits the Order by clicking on the “Complete Order” button. The data in the Order is considered correct by the Seller. The Seller will confirm the receipt of the Order to the Buyer without undue delay via e-mail to the e-mail address provided in the User Account or in the Order (hereinafter referred to as the “Buyer’s E-mail Address”).
3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated transport costs, etc.), to ask the Buyer for additional confirmation (e.g., in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer arises upon the delivery of the acceptance of the Order (acceptance), which the Seller sends to the Buyer electronically to their e-mail address.
3.8. The Buyer agrees to the use of remote means of communication when concluding the Purchase Contract. The costs incurred by the Buyer when using remote communication means (e.g., internet connection costs, phone call charges) are borne by the Buyer and do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the purchase price of the goods and any costs related to the delivery according to the Purchase Contract to the Seller in the following ways:
– by bank transfer to the Seller’s account,
– by cashless payment by card,
– in cash on delivery,
– by other methods listed in the online store, such as through a credit company, if such an option is offered.
4.2. Along with the purchase price, the Buyer is also obliged to pay the Seller the costs related to the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include these delivery costs.
4.3. The Seller does not require any advance or similar payment from the Buyer. This does not affect the provisions of Article 4.6 regarding the obligation to pay the purchase price in advance.
4.4. In the case of payment in cash or on delivery, the purchase price is due upon receipt of the goods. In the case of a cashless payment, the purchase price is due within 7 days from the conclusion of the Purchase Contract.
4.5. For cashless payments, the Buyer must enter the correct variable symbol. The Buyer’s obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the Seller’s account.
4.6. The Seller is entitled, especially in the case of additional order confirmation as per Article 3.6, to require payment of the entire purchase price before shipping the goods to the Buyer. Section 2119 paragraph 1 of the Civil Code does not apply.
4.7. Any discounts on the goods provided by the Seller cannot be combined.
4.8. If usual or required by generally binding legal regulations, the Seller shall issue the Buyer a tax document – an invoice – regarding payments made under the Purchase Contract. The Seller is a VAT payer. The tax document will be issued to the Buyer after the price of the goods has been paid and sent in electronic form to the Buyer’s e-mail address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that under Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract:
– for the supply of goods that were customized or made to the Buyer’s specifications,
– for the supply of perishable goods or goods that were irreversibly mixed with other goods after delivery,
– for the supply of sealed goods which were unsealed after delivery and cannot be returned for hygienic reasons,
– for the supply of audio or video recordings or computer software if the original packaging has been damaged.
5.2. If it is not a case mentioned in Article 5.1 or another case where withdrawal is not possible, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receiving the goods, without giving any reason, in accordance with Section 1829 paragraph 1 of the Civil Code. If the contract concerns multiple types of goods or delivery in several parts, the withdrawal period starts from the delivery of the last item. The notice of withdrawal must be sent to the Seller within the above period. The Buyer is required to use the form available at the following address: Returns and complaints.
5.3. By withdrawing from the Purchase Contract according to Article 5.2, the contract is canceled from the beginning. The Buyer must return the goods to the Seller no later than seven (7) days after withdrawal. The Buyer bears the costs of returning the goods, even if the goods cannot be returned by regular postal means due to their nature.
5.4. The Seller shall refund all received payments to the Buyer within thirty (30) days of receiving the notice of withdrawal, using the same payment method, unless otherwise agreed and provided that the Buyer incurs no additional costs. However, the Seller is not obliged to refund the money until the goods have been returned or the Buyer proves that the goods have been sent back.
5.5. The Seller is entitled to unilaterally set off their claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.
5.6. Until the goods are received by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller will return the purchase price to the Buyer without undue delay via a bank transfer to the Buyer’s account.
5.7. If the Buyer received a gift together with the goods, a gift agreement is concluded with a termination condition. If the Purchase Contract is withdrawn, the gift agreement becomes ineffective, and the Buyer is obliged to return the gift along with the goods.
6. DELIVERY OF GOODS
6.1. If the method of transport is arranged based on a special request of the Buyer, the Buyer bears all risks and any additional costs associated with this method of transport.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
6.3. If, for reasons on the part of the Buyer, the goods have to be delivered repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with such repeated or alternative delivery.
6.4. When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in case of any defects, immediately notify the carrier. If the Buyer discovers any damage indicating unauthorized interference with the shipment, they are not obliged to accept the parcel from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be regulated by the Seller’s special delivery terms, if issued.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by applicable general legal regulations, in particular by Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code.
7.2. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable that at the time of delivery:
7.2.1. the goods have the qualities agreed by the parties or, if not agreed, the qualities which the Buyer could reasonably expect with regard to the description and advertising,
7.2.2. the goods are fit for the purpose stated by the Seller or for purposes for which goods of this type are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model, if such sample or model was used,
7.2.4. the goods are in the appropriate quantity, measure or weight,
7.2.5. and the goods comply with legal requirements.
7.3. The provisions of Article 7.2 do not apply to:
– goods sold at a lower price due to a defect for which the discount was agreed,
– wear and tear caused by normal use,
– used goods for defects corresponding to the level of use or wear,
– or if it arises from the nature of the goods.
7.4. If a defect appears within six months of receipt, the goods are presumed to have been defective at the time of delivery. The Buyer can exercise the right from a defect that appears in consumer goods within twenty-four (24) months from receipt.
7.5. The Buyer asserts their rights from defective performance at the Seller’s service location, if possible with regard to the assortment, or at the place of business. The complaint is considered filed at the moment the Seller receives the returned goods.
7.6. Further details on exercising rights from defective performance may be provided in the Seller’s complaint policy, if issued.
8. COMPLAINT CONDITIONS
8.1. The Buyer is entitled to assert the right from defective performance within twenty-four (24) months from the receipt of the goods, unless stated otherwise for specific goods.
8.2. To file a complaint, the Buyer is required to use the form available on the Seller’s website: Returns and complaints.
8.3. The Seller will handle the complaint without undue delay, no later than thirty (30) days from the date of receipt of the returned goods, unless a longer period is agreed upon with the Buyer.
9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
9.1. The Buyer acquires ownership of the goods upon full payment of the purchase price.
9.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 paragraph 1 letter e) of the Civil Code.
9.3. The Seller ensures out-of-court resolution of consumer complaints via their electronic address. The Seller shall inform the Buyer of the resolution of the complaint via the Buyer’s e-mail address.
9.4. The Seller is authorized to sell goods based on a trade license. The relevant trade licensing office carries out supervision of business activities. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on consumer protection, as amended, to the extent defined.
9.5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 paragraph 2 of the Civil Code.
10. PERSONAL DATA PROTECTION
10.1. Information on personal data processing is contained in a separate document Privacy Policy, which is available on the Seller’s website.
10.2. The Seller processes the Buyer’s personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and the relevant legislation of the Czech Republic.
10.3. The purpose of processing is in particular the performance of the Purchase Contract, management of the User Account, fulfillment of legal obligations, and possibly the sending of commercial communications based on legitimate interest or consent.
11. SENDING OF COMMERCIAL MESSAGES AND COOKIES
11.1. The Seller is entitled to send information about their goods, services, or business to the Buyer’s e-mail address if the Buyer has not refused such communication, in accordance with Section 7 paragraph 3 of Act No. 480/2004 Coll. The Buyer can unsubscribe from such messages at any time.
11.2. Upon first visiting the Website, the Buyer has the option to give or withhold consent to the use of cookies, except for technical (essential) cookies necessary for the proper functioning of the website. Details on the use of cookies are available in the Cookie Policy.
12. COMMUNICATION
12.1. All communication between the Seller and the Buyer may be conducted via e-mail. The Buyer agrees that the Seller may deliver all notices related to the Purchase Contract, including order confirmations, invoices, delivery or complaint notifications, to the Buyer’s e-mail address as provided in the User Account or in the order.
12.2. An e-mail message is considered delivered at the moment it is sent to the Buyer’s e-mail address.
12.3. The Buyer is responsible for the accuracy and timeliness of their contact details, especially their e-mail address, and is obliged to notify the Seller of any changes without delay.
12.4. If any party uses another form of delivery (e.g., postal mail), the delivery is deemed to have occurred on the fifth business day after dispatch, unless it is proven to have been delivered earlier.
13. FINAL PROVISIONS
13.1. If the contractual relationship established by the Purchase Contract includes an international (foreign) element, the parties agree that such relationship shall be governed by the laws of the Czech Republic. This does not affect the consumer rights under generally binding legislation applicable in the Buyer’s country of residence.
13.2. If any provision of these Terms and Conditions is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a valid provision that best approximates the meaning of the invalid one. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
13.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible to third parties.
13.4. The withdrawal form is available here.
13.5. Seller’s contact details:
MISURA Store s.r.o., Ringhofferova 115/1, 155 21 Prague 5, Czech Republic
E-mail: info@misura.shop
Phone: +420 292 333 110
In Prague on 1 November 2020